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Immigration (Malaysia) Blacklisting, NTL, Ban Period, Appeals (For Inbound Visitors/Tourists)

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asked on Apr 27, 2017 at 02:47
by   jeff005
edited on May 8, 2017 at 03:52
 
Too many repeating questions have been asked on the above.

My personal views (non-legal) on the following.

Please understand the terms first, being the common immigration issues.
1. Blacklisting
2. NTL (Not To Land)
3. Ban Period
4. Appeal for shorter Ban Period
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answered on Feb 5, 2018 at 23:05
by   jeff005
edited Feb 5, 2018 at 23:22
by   jeff005
@ Malinee

Which Province are you from?
Were you charged in a Immigration Court in Sepang district?
What are the fines or types of fines you have paid and how much?
How many days you have over stay according to the court charge sheet?
Were you represented by a lawyer when you were brought to IMI court?

Can you trust your friend judgement again?
If that lawyer ask for more moneys,  DO NOT PAY.. !!
What did that lawyer says she/he can do?

RAI  stamp can be a  BAN  of 5 years or  Permanent/Forever  depends on the offenses committed. In your case, it can be appealed and if successful, you may be able to come in again after 2-3 years.

You have to expire this  Blacklisting  in Malaysia. Thailand have started last year on advanced biometrics and facial recognition features which will be updated into the  ASEANAPOL  Database  shared by a few countries. 

Answer my above Qs  carefully.
From the stamp you have posted, your case and Matilda is different although it is both  RAI  stamped.
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answered on Feb 6, 2018 at 19:12
by   Malinee
Which Province are you from? 
-       I’m from Songkhla Province

Were you charged in a Immigration Court in Sepang district? 
-      I’m not sure is it Sepang or not but the camp I stayed located in Sepang. From camp to court not over 1 hour drive.
 
What are the fines or types of fines you have paid and how much? 
      - Types of fine is over stayed, it’s about 13,000 rm.
 
How many days you have over stay according to the court charge sheet? 
-      I over stay for 3 months, the court judge me to stay in Kajang for 2months but my friend paid, so I’m released early

Were you represented by a lawyer when you were brought to IMI court? 
-      Not all the process, I met the lawyer the court only one time.
 
Can you trust your friend judgement again?
Still hoping that he could help.

If that lawyer ask for more moneys,  DO NOT PAY.. !! 
-      The lawyer didn’t ask for money, but agent (but after friend know he done with agent)

What did that lawyer says she/he can do? 
-      I don’t know her process, mostly my friend contacts with her and update to me again.
 

You have to expire this  Blacklisting  in Malaysia
Could you please explain more about  this?
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answered on Feb 8, 2018 at 22:11
by   jeff005
edited Feb 8, 2018 at 22:27
by   jeff005
@ Malinee

 - Types of fine is over stayed, it’s about 13,000 rm. 
The maximum Fines is RM10,000
For 3 months Overstay it would be 2-3 thousands (RM30/day)
There is something more to it. Get your friend to send the receipts itemized and post it here.

the court judge me to stay in Kajang for 2months 
You should have given a FINE  or JAIL  term in lieu of..
The stamp on your passport told me that you were allowed to leave Malaysia Legally  NOT  DEPORTATION  unlike Matilda's case.

I don’t know her process, mostly my friend contacts with her and update to me again. 
How to assess your situation when everything u oso dunno?

You have to expire this  Blacklisting  in Malaysia 
Could you please explain more about  this?

Once  ASEANAPOL  is fully functional and integrated, any blacklisting will be practiced / observed for serious breaches of Immigration Travel Laws by all participating countries. One may be denied or given very restricted entries. That can mean any applications, marriage,  P.R. , Work Permit can be rejected by all the participating countries.

To  Expire  means you have to enter Malaysia Once again legally.

I have no doubts that your lawyer have plead  Guilty  to all charges in the immigration court  on your behalf.

Still hoping that he could help. 



Anyway you can use the Border Pass  to visit your bf occasionally if ur from Songkla.
Your English is very okay as a Thai.

ผจญภัย 
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answered on Feb 9, 2018 at 01:43
by   jeff005
edited Feb 9, 2018 at 01:55
by   jeff005
Nota

As the above cases have indicated, there were legal representation when the overstayers were "convicted". Read again of all the cases where illegal workers were bought to court without legal representation? Some overstayed for years, although some were jailed and/or given token fines plus BAN.

Can see why when there are "big" mouth lawyers representing these overstayers, IMI hates them and throw the book at them, meting out maximum charges. Once plead  Guilty  there is no mitigation concession from any "beeg" lawyers. IMI Laws are laws, straight forward.

If one can afford expensive lawyers fees, one can pay for the maximum fines levied out.

I have always commented that if you bring Lawyers to IMI dept or IMI Courts, IMI will throw their books along with more brickbats at you.

When one overstay, just plead guilty to overstay. Why plead guilty  for a false stamp given by bogus agents? It is a  Criminal  Forgery  Charge.!! This is not a charge for manslaughter whereby there are mitigating factors like saving court's time. If one deny knowledge of the false IMI stamp, the IMI cannot prove that you were the one who has put the stamp there either. Who ask IMI to allow agents to do documentation work last time?

The above 2 cases with lawyers speaks for itself.

Remember the Pakistani family of 3 who overstayed 2 years, asked me a year ago? I suspected that the stamps on their passports were fakes. Burnt their passports. Go Embassy get temp docs to exit. What happened then? They paid RM400, and get a BAN of 5 years. No Jail Term, no  RAI  stamp.

I shall rest my opinons

Period..
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answered on Feb 12, 2018 at 15:32
by   Matilda
Dear, Mr. Jeff! 

I am so sorry for not getting back at your messages earlier as I was so caught up with a new job and a new manager who doesn't let me rest for a second or so. 
Foremost, let me express my deepest gratitude for your time and attention, as it is so rare to find someone who actually cares to share his/her knowledge and true experience with others, especially it is so valuable to each of us, who is sharing their problems with the experts like yourself. 
To be frank, I am so thankful to hear our your opinion regarding my case. It was such a relief for me to hear from 'cognisant and competent' person like yourself about my current affairs with the ban situation. I had become hopeful that there will be one day that I am back to Malaysia once more. It is a dream for now but Mr. Jeff, you had me believing in that again, although time goes by and my hopes were just fading away. 

For your question, Mr. Jeff, I was studying Hospitality Management. I am very flattered to acknowledge that I am still decent in explaining and expressing my thoughts in English. 

Honestly, I can not thank you enough for your sympathy to strangers like myself who have come here to seek for help and who 'de facto' found out the decent words of wisdom and also real advices. 

With deepest gratitude, Matilda. 

P.S. Mr. Jeff, If I am ever in KL, you must accept a gift from me for your kind assistance and support. 
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answered on Feb 12, 2018 at 15:38
by   Matilda
Malinee, 

I am glad that someone else found it out helpful. I do really hope that you can find a help you are looking for and that your situation will be solved very soon. 

Don't you lose a hope to be in Malaysia again after a very short period of time! Keep me updated, if you can regarding your situation. Will be glad to hear good news concerning your case. 
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answered on Feb 12, 2018 at 21:36
by   jeff005
edited Feb 12, 2018 at 22:00
by   jeff005
@ Matilda

Dear.. you are so sweet with your words. My HbA1c  has just shot up..!!

Your case have passed 3 years. You may try to appeal. There could be several attempts.

Additional info
1.  Since you are working now (own country), built up your crediting ratings via tax file, pension funds, insurances, credit cards.

2.  Then appeal to come to visit Malaysia for holidays (even short while) by submitting your credit portfolio which would help tremendously.

The above is to prove that you are a law abiding citizen and will not come to Malaysia to find work or to overstay again.

If I am ever in KL, you must accept a gift from me for your kind assistance and support. 
A bear hug  from a pretty & sweet  SYT  like you will do. Thks..
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answered on Feb 15, 2018 at 21:18
by   jeff005
To ALL the CinaMan & CinaWoman reading here

Happy Chaiese New Year

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